AB 316 — Wrongful convictions.

Summary

Existing law requires that an action against an attorney for a wrongful act or omission, other than for actual fraud, arising in the performance of professional services must be commenced within one year after the plaintiff discovers, or should have discovered, the wrongful act or omission, or 4 years from the date of the wrongful act or omission, whichever occurs first. This bill would provide that, if the plaintiff is required to establish his or her factual innocence for an underlying criminal charge as an element of his or her claim against an attorney, the time period to commence this action shall be 2 years after the plaintiff achieves postconviction exoneration in the form of a final judicial disposition of the criminal case. Existing law provides that any finding that an arrestee is factually innocent, as specified, shall not be admissible as evidence in any action. This bill would provide that, notwithstanding this provision, a finding that an arrestee is factually innocent shall be admissible as evidence at a hearing before the California Victim Compensation and Government Claims Board. Existing law allows a presiding judge, whenever a person is acquitted of a charge and it appears to the judge that the defendant is factually innocent of the charge, to order that the records in the case be sealed. This bill would require a judge, upon written or oral motion of any party in the case or the court, to order that the records in a case be sealed whenever a person is convicted of a charge and the conviction is set aside because a determination was made that the person was factually innocent. Existing law allows a person erroneously convicted and imprisoned to present a claim within a period of 6 months after judgment of acquittal or discharge given, or after pardon granted, or after release from imprisonment, against the state to the California Victim Compensation and Government Claims Board for the pecuniary injury sustained by him or her through the erroneous conviction and imprisonment. This bill would instead provide that a person erroneously convicted and imprisoned may present this claim within 2 years. Existing law establishes a process for a hearing on an erroneously convicted person's claim at which the claimant is required to introduce evidence in support of the claim and the Attorney General may introduce evidence in opposition. Existing law requires the claimant to prove the facts set forth in the statement constituting the claim, including that the crime charged was either not committed at all, or, if committed, not committed by the claimant, and the fact that the claimant did not, by any act or omission, either intentionally or negligently, contribute to the bringing about of his or her arrest or conviction, and that he or she sustained pecuniary injury. If the evidence shows that the claimant has proved these facts, existing law requires the board to recommend to the Legislature that an appropriation be made for indemnifying the claimant. This bill would remove the requirement on the claimant to prove that he or she did not negligently contribute to his or her arrest or conviction. The bill would provide that when determining whether the claimant intentionally contributed to the bringing about of his or her arrest or conviction, the factfinder shall not consider statements obtained from an involuntary false confession or involuntary plea. The bill would provide that the claimant shall bear the burden of proving by a preponderance of the evidence that the statements were obtained from an involuntary false confession or involuntary plea.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/16/09 - Enrolled pdf September 16, 2009
• Amended 06/28/09 - Amended Senate pdf June 28, 2009
• Amended 06/16/09 - Amended Senate pdf June 16, 2009
• Introduced 02/18/09 - Introduced pdf February 18, 2009
• AB316 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State - Chapter 432, Statutes of 2009.

2. October 11, 2009

   Approved by the Governor.

3. September 25, 2009

   Enrolled and to the Governor at 5 p.m.

4. September 10, 2009

   Senate amendments concurred in. To enrollment. (Ayes 79. Noes 0. Page 3262.)

5. September 09, 2009

   In Assembly. Concurrence in Senate amendments pending.

6. September 08, 2009

   Read third time, passed, and to Assembly. (Ayes 35. Noes 4. Page 2290.)

7. September 01, 2009

   Read second time. To third reading.

8. August 31, 2009

   (received by desk August 28, 2009 pursuant to JR61(a)(11))

9. August 31, 2009

   From committee: Do pass. (Ayes 8. Noes 5.) (August 27).

10. July 13, 2009

    In committee: Placed on Appropriations suspense file.

11. June 28, 2009

    Read second time, amended, and re-referred to Com. on APPR.

12. June 26, 2009

    From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 23).

13. June 16, 2009

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

14. June 11, 2009

    Referred to Com. on PUB. S.

15. June 02, 2009

    In Senate. Read first time. To Com. on RLS. for assignment.

16. June 01, 2009

    Read third time, passed, and to Senate. (Ayes 79. Noes 0. Page 1836.)

17. May 29, 2009

    Read second time. To third reading.

18. May 29, 2009

    From committee: Do pass. (Ayes 17. Noes 0.) (May 28).

19. April 23, 2009

    In committee: Set, first hearing. Referred to APPR. suspense file.

20. April 01, 2009

    From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (March 31).

21. March 04, 2009

    Referred to Com. on PUB. S.

22. February 19, 2009

    From printer. May be heard in committee March 21.

23. February 18, 2009

    Read first time. To print.

Sponsors

• Leno · Cosponsor
• Solorio · Primary

Votes

Subjects